The Division Bench of the High Court of Bombay has upheld the High Court's June 17, 2022 order, which said that the advertisements launched by German brand Sebamed's parent company in India, USV, denigrated and disparaged Hindustan Unilever (HUL) products.
The ruling now dismisses Sebamed's appeal of the decision a month ago.
Last month, the Bombay High Court had ordered Sebamed to stop airing a campaign it had rolled out in January 2021 with independent agency The Womb, which claimed that Hindustan Unilever's Dove, Lux and Pears had a high pH value which harmed sensitive skin.
“The court rulings reaffirm that the advertisement campaign by Sebamed denigrated HUL’s brands and misled consumers on the basis of pH, which is just one of the many parameters that go into manufacturing soap," said Dev Bajpai, executive director, legal and corporate affairs at HUL. "It is also pertinent to note that Sebamed’s campaign was irresponsible, and that such misleading communication was issued during the pandemic, when the Government and health authorities had advocated handwashing with any soap.”
In January 2021 the Bombay High court
had originally ruled that USV-owned Sebamed was allowed to keep advertising, including drawing comparisons with other brands after Hindustan Unilever initiated a court challenge. But the court did rule that it could not make any reference to HUL’s Rin detergent bar.